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HomeMy WebLinkAbout2021-09-08 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: September 8, 2021 Virtual Meeting 6:00 PM https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 ****BY VIRTUAL TELECONFERENCE ONLY*** Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast live on Cable TV and through Channel 26 of the Midpen Media Center at https://midpenmedia.org/local-tv/watch-now/. Members of the public may comment by sending an email to planning.commission@cityofpaloalto.org or by attending the Zoom virtual meeting to give live comments. Instructions for the Zoom meeting can be found on the last page of this agenda. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Commission reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. City Official Reports 6:00 PM-6:15 PM 1. Directors Report, Meeting Schedule and Assignments Study Session Public Comment is Permitted. Three (3) minutes per speaker.1,3 6:15 PM-7:15 PM 2. Review and Discuss Potential Amendments to Municipal Code Title 10 (Parking) to Allow Virtual Parking Permits, Paid Parking, and Other Code Cleanup Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Three (3) minutes per speaker.1,3 7:15 PM-8:45 PM 3. PUBLIC HEARING / QUASI-JUDICIAL. 985 Channing Avenue [21PLN-00167]: Request for Public Hearing of a Preliminary Parcel Map to remove a recorded height restriction on the underlying Parcel Map. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Guideline Section 15315 (Minor Land Divisions). Zoning District: R-1 (Single Family Residential). Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 8:45 PM-8:50 PM 4. June 30, 2021 Draft PTC Meeting Minutes 5. July 14, 2021 Draft PTC Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair Bart Hechtman Vice Chair Giselle Roohparvar Commissioner Michael Alcheck Commissioner Bryna Chang Commissioner Ed Lauing Commissioner Doria Summa Commissioner Carolyn Templeton Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Public comment is encouraged. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to ten (10) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2. The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3. The Chair may reduce the allowed time to speak to two minutes to accommodate a larger number of speakers. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to planning.commission@CityofPaloAlto.org 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Board, click on the link below for the appropriate meeting to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You will be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an agenda item, click on “raise hand”. The moderator will activate and unmute attendees in turn. Speakers will be notified shortly before they are called to speak. The Zoom application will prompt you to unmute your microphone when it is your turn to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Board. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 916 4155 9499 Phone number: 1 669 900 6833 (you may need to exclude the initial “1” depending on your phone service) Planning & Transportation Commission Staff Report (ID # 13462) Report Type: City Official Reports Meeting Date: 9/8/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items: • PTC Meeting Schedule • PTC Representative to City Council (Rotational Assignments) • Tentative Future Agenda Commissioners are encouraged to contact Vinh Nguyen (Vinhloc.Nguyen@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments: • Attachment A: September 8, 2021 PTC Meeting Schedule and Assignments (DOCX) 1 Packet Pg. 5 Planning & Transportation Commission 2021 Meeting Schedule & Assignments 2021 Schedule Meeting Dates Time Location Status Absences/Notes 1/13/2021 6:00 PM Virtual Meeting Regular 1/27/2021 6:00 PM Virtual Meeting Regular 2/10/2021 6:00 PM Virtual Meeting Regular Roohparvar 2/24/2021 6:00 PM Virtual Meeting Regular Roohparvar 3/10/2021 6:00 PM Virtual Meeting Regular 3/31/2021 6:00 PM Virtual Meeting Regular 4/14/2021 6:00 PM Virtual Meeting Regular 4/28/2021 6:00 PM Virtual Meeting Regular 5/12/2021 6:00 PM Virtual Meeting Regular 5/26/2021 6:00 PM Virtual Meeting Regular Roohparvar 6/9/2021 6:00 PM Virtual Meeting Regular Chang 6/30/2021 6:00 PM Virtual Meeting Regular Alcheck, Roohparvar 7/14/2021 6:00 PM Virtual Meeting Regular 7/28/2021 6:00 PM Cancelled Cancelled 8/11/2021 6:00 PM Cancelled Cancelled 8/25/2021 6:00 PM Cancelled Cancelled 9/8/2021 6:00 PM Virtual Meeting Regular 9/29/2021 6:00 PM Virtual Meeting Regular 10/13/2021 6:00 PM TBD Regular 10/27/2021 6:00 PM TBD Regular 11/10/2021 6:00 PM TBD Regular 11/24/2021 6:00 PM Cancelled Cancelled Day Before Thanksgiving 12/8/2021 6:00 PM TBD Regular 12/29/2021 6:00 PM Cancelled Cancelled 2 Days Before NYE 2021 Assignments - Council Representation (primary/backup) January February March April May June Doria Summa Giselle Roohparvar Michael Alcheck Ed Lauing Cari Templeton Giselle Roohparvar Michael Alcheck Cari Templeton Bart Hechtman Giselle Roohparvar Doria Summa Bart Hechtman July August September October November December Bryna Chang Doria Summa Bart Hechtman Michael Alcheck Cari Templeton Ed Lauing Ed Lauing Michael Alcheck Bryna Chang Ed Lauing Bryna Chang Giselle Roohparvar 1.a Packet Pg. 6 Planning & Transportation Commission 2021 Tentative Future Agenda The Following Items are Tentative and Subject to Change: Meeting Dates Topics September 29, 2021 • TBD Upcoming Items: Topics • Study Session: Ordinance Amending 18.42.110 (Wireless Communication Facilities) • Castilleja School • Review of Comprehensive Plan 2030 Implementation Plan • 2023-31 Housing Element Site Selection Update • University Avenue In-Lieu Parking Program 1.a Packet Pg. 7 Planning & Transportation Commission Staff Report (ID # 13465) Report Type: Study Session Meeting Date: 9/8/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Municipal Code Revisions - Title 10 (Parking) to Allow Virtual Permits, Paid Parking, and Cleanup Title: Review and Discuss Potential Amendments to Municipal Code Title 10 (Parking) to Allow Virtual Parking Permits, Paid Parking, and Other Code Cleanup From: Philip Kamhi Recommendation: Staff recommends that the Planning and Transportation Commission provide feedback on proposed modifications to the City’s various on-street parking permit policies and related Palo Alto Municipal Code (PAMC) sections including those related to virtual parking permits and paid parking. Executive Summary: The PTC’s feedback on various parking permit policies is requested as staff prepare to bring forward municipal code changes to the City Council. In addition, staff look forward to hearing from members of the public regarding their ideas, thoughts, and or concerns related to the proposed code changes. Staff will incorporate the feedback received into the staff report as well as to the code changes that are presented to the City Council. The proposed changes are part of the Office of Transportation’s work program as adopted by the City Council. Recommended programmatic updates to the permit programs and updates to the PAMC support the City’s Transportation Operations and Planning Priorities (Staff Report 10464) including: •Implement Automated License Plate Reader (ALPR) enforcement and establish parking availability rates in the RPP districts •Develop and pilot new commercial parking regulation options, to potentially include mobile payment, virtual permits, and/or hourly performance pricing rates in select high- demand parking locations •Develop virtual permit options for residential parking permit (RPP) customers 2 Packet Pg. 8 City of Palo Alto Planning & Development Services Department Page 2 Additionally, the items for consideration support the following recommendations adopted in the Parking Work Plan and furthered by the Parking Action Plan in development, which PTC reviewed March 31, 2021. Recommendation 1. Improve Parking Permit Management System 3. Engage the Community in Modifications to the Residential Preferential Parking Program 6. Update Codes and Guidelines 16. Improve Process to Purchase Daily Permits 17. Consider Paid Hourly Parking 29. Provide Automatic Renewal for Employee Parking Permits 30. Change Payment Schedule for Employee Parking Permits 31. Increase Cost of Employee Parking Permits 33. Change Payment Schedule and Increase Cost of Reduced-Price Parking Permits 34. Remove Inconsistences Between Districts Background and Context: The City’s existing permit policies have made the management of the permit program difficult for permit holders and staff due to outdated business practices defined within the municipal code. As the City works to update its permit issuance practices with the adoption of Automated License Plate Recognition enforcement and plans to move to a more dynamic parking permit management system, the municipal code policies must be updated in parallel to match the more streamlined and customer-friendly practices the City is pursuing. Towards this end, in July 2019, Palo Alto procured a new parking citation and permit management system in cooperation with contract company Duncan Solutions (Duncan). The contract with Duncan, and the contract amendment to adopt automated license plate reader (ALPR) enforcement and data collection (Staff Report 11492) provides the City the opportunity to optimize the permit program. Through ALPR the City’s parking permit program can provide more flexibility, access, and convenience to our residents, visitors, and the community, and streamline operations for staff, enabling positive movement on the Parking Work Plan items listed above. Discussion: Virtual Permits The City’s adoption of ALPR enforcement enables parking management best practices and efficiencies prioritized by Council’s budget process in May 2020 (May 13, 2020 At Places Memo). Virtual permitting is a key strategy to realizing efficiencies available due to the implementation of ALPR. Council adopted this strategy, along with regular parking occupancy data collection, in February 2021 (Staff Report 11492). 2 Packet Pg. 9 City of Palo Alto Planning & Development Services Department Page 3 The City intends to begin to replace existing physical employee, residential, and guest permits with virtual permits over the current and next fiscal years. The permit is “virtual” because there is no longer a physical permit decal/hangtag, and instead the license plate number is the unique identifier associated with the permitted vehicle. Virtual permits are more convenient than physical hangtags or decals and enable vehicle license plate numbers to verify parking session validity automatically. Additionally, the use of virtual permits allow permit holders to more simply update vehicle or guest vehicle information online, eliminating the need for replacements or waiting for them to arrive in the mail. Residents and employees/employers will be able to use the online web portal to process and manage their permit requests. The transition to virtual permits will be phased in over time, based on the permit sales cycles, timeline for enforcement technology, and anticipated education and outreach efforts. Virtual permits have a variety of benefits for both permit holders and City operations. Virtual permits are an eco-friendly and cost-efficient option since they eliminate the need for producing and mailing physical permits. Instead, virtual permits become active as soon as the online application is reviewed and approved. The use of virtual permits streamlines parking management by reducing the amount of staff time needed to verify valid permits. License plates can be automatically verified in the field using ALPR, allowing for permit zones to be monitored more effectively and consistently, which should enhance parking availability for permit holders. Table 1 below describes the phased transition from physical permits to virtual permits. Overall, this transition is expected to begin during FY21-22 and conclude in FY 22-23. Table 1: Phasing in of Virtual Permits in Select RPPs Phase 1 Timing Milestone Description January 1, 2022 Transition employee RPP permits to virtual permits Transition employee RPP permits to virtual permits in the Downtown, Evergreen Park-Mayfield, and Southgate districts. April 1, 2022 – November 2022 Require all residential RPP hangtag/decal permits to be tied to an individual license plate number Require all residential RPP hangtag/decal permits to be tied to an individual license plate number: • Downtown and Evergreen Park-Mayfield districts by April 2022 • College Terrace by September 2022 • Crescent Park by October 2022 • Southgate and Old Palo Alto by November 2022 January 1, 2022 All residential RPP households will be eligible to purchase 2 transferable guest hangtags. Phase 2 Timing Milestone Description 2 Packet Pg. 10 City of Palo Alto Planning & Development Services Department Page 4 April 1, 2023 – November 2023 Monthly employee RPP permits Monthly employee RPP permits - Expand permit cycle options for employee RPPs to include the option for a monthly permit beginning with the spring 2022 cycles and allow for automatic renewals. April 1, 2023 – November 2023 Transition residential RPP permits to virtual permits Transition residential RPP permits to virtual permits • Downtown and Evergreen Park-Mayfield districts by April 2023 • College Terrace by September 2023 • Crescent Park by October 2023 • Southgate and Old Palo Alto by November 2023 April 1, 2023 – November 2023 Guest permits will transition to virtual permitting for the same sales cycles. Daily visitor and employee permits would be virtual as well. The issuance of residential guest permits is of considerable interest to members of the public. To elaborate on Table 1, guest parking permits for residents within RPP areas will be phased in over Phase 1 and Phase 2. Residents in RPP districts will be eligible to purchase up to two guest permits. In Phase 1 above, the guest permits will be hangtags which are transferable between guest vehicles. In Phase 2, the guest permits will be virtual, allowing residents to update their guest vehicle information through an online portal. Municipal Code – Paid Parking, Virtual Permits, and General Clean Up The proposed PAMC updates will allow the City to implement the recommended phased changes to the permit program policies for the City to effectively operate, administer, and enforce the program. Permit policies will be documented in separate parking permit administrative guidelines, and municipal codes necessary to manage and enforce the permit program will be retained within the PAMC. In addition to updating the permit programs, there is an opportunity to holistically update other parking related municipal codes to prepare for future parking needs and the proposed commercial pilot. The following PAMC updates are being proposed for PTC feedback and Council adoption: General • Update code language related to loading/unloading to include the word “active” to reduce abuse and ensure maximum efficiency of loading/unloading zones. • Remove specific times for curb/sign regulations and refer to “as designated by posted signage” to provide City flexibility in the management of the curb. • Define and add language for Transportation Network Company (TNC) violations for parking or standing upon any public highway or street for any period of time longer than is necessary to discharge or receive passengers. 2 Packet Pg. 11 City of Palo Alto Planning & Development Services Department Page 5 Permits •Consolidate and centralize RPP municipal code chapters with the exception of Crescent Park No Overnight Parking Program (10.51). •Establish districts and zones by map and publish on the City’s website. •Require at least 60% of all households purchase permits prior to posting any permit signs when a new district is established, or a block is annexed into an existing district. •Amend language for how permits are to be displayed to allow for any permit type, including virtual permits. Commercial Parking Framework •Provide permit framework for City to designate new paid parking zones, permit types, operating hours and rates, and target parking availability standards. •Determine how revenues will be used o Cost of operation/equipment o Allocation of any surplus •Codify paid parking violations including: requiring payment, use of slugs, tampering with devices, and prohibiting extra time. 2 Packet Pg. 12 Timeline (as of August 2021):  Jan‐22 Feb‐22 Mar‐22 Apr‐22 May‐22 Jun‐22 Jul‐22 Aug‐22 Sep‐22 Oct‐22 Nov‐22 Dec‐22 Jan‐23 Feb‐23 Mar‐23 Apr‐23 May‐23 Jun‐23 Jul‐23 Aug‐23 Sep‐23 Oct‐23 Nov‐23  Residential RPPs  Downtown  Physical permit tied to individual license plate Permit maximum per household reduced to 4 Virtual permitting Tiered pricing Evergreen Park ‐ Mayfield  Physical permit tied to individual license plate Permit maximum per household reduced to 4 Virtual permitting Tiered pricing College Terrace  Physical permit tied to individual license plate Permit maximum per household reduced to 3 Virtual permitting1 Tiered pricing Southgate  Physical permit tied to individual license plate Permit maximum per household reduced to 4 Virtual permitting Tiered pricing Crescent Park  Physical permit tied to individual license plate Virtual permitting Tiered pricing Old Palo Alto  Physical permit tied to individual license plate Permit maximum per household reduced to 3 Virtual permitting Tiered pricing Guest Permits  Downtown  2 physical, transferable hangtags for guests only Virtual permitting Evergreen Park ‐ Mayfield  2 physical, transferable hangtags for guests only Virtual permitting College Terrace  2 physical, transferable hangtags for guests only Virtual permitting Southgate  2 physical, transferable hangtags for guests only Virtual permitting Crescent Park  2 physical, transferable hangtags for guests only Virtual permitting Old Palo Alto  2 physical, transferable hangtags for guests only Virtual permitting One‐Day Visitor Permits  Downtown  Maximum 50 per household Virtual permitting Evergreen Park ‐ Mayfield  Maximum 50 per household Virtual permitting College Terrace  Maximum 50 per household Virtual permitting Southgate  1 Virtual permitting for areas currently enforced by Palo Alto’s police   2 Packet Pg. 13 Jan‐22 Feb‐22 Mar‐22 Apr‐22 May‐22 Jun‐22 Jul‐22 Aug‐22 Sep‐22 Oct‐22 Nov‐22 Dec‐22 Jan‐23 Feb‐23 Mar‐23 Apr‐23 May‐23 Jun‐23 Jul‐23 Aug‐23 Sep‐23 Oct‐23 Nov‐23  Maximum 50 per household Virtual permitting Crescent Park  Maximum 50 per household Virtual permitting Old Palo Alto  Maximum 50 per household Virtual permitting Employee RPPs  Downtown  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Evergreen Park ‐ Mayfield  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Southgate  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Transferable Employee RPPs  Downtown  Virtual permitting Pricing TBD Evergreen Park ‐ Mayfield  Virtual permitting Pricing TBD Southgate  Virtual permitting Pricing TBD Reduced‐Price Employee RPPs  Downtown  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Evergreen Park ‐ Mayfield  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Southgate  Virtual permitting  Cycle options for monthly or every 6‐months Pricing TBD Daily Employee RPPs  Downtown  Virtual permitting  Evergreen Park ‐ Mayfield  Virtual permitting  Southgate  Virtual permitting  2 Packet Pg. 14 City of Palo Alto Planning & Development Services Department Page 7 City staff intends to take the described PAMC updates to Finance Committee, and then to the full City Council, in October 2021. Paid parking would be implemented separately following additional outreach as part of a future commercial pilot, which will go back to PTC and City Council prior to adoption. Resource Impact: Resource impacts are dependent on policy decisions that will be discussed throughout this process. With the proposed permit policy phases, it is anticipated that there will be a reduced burden on staff by optimizing the permit programs and reducing confusion to customers. Fiscally, virtual permits will eliminate the cost of physical permit stock, and streamline enforcement efforts for additional program savings. Automated License Plate Recognition (ALPR) will be implemented in late fall 2021. The use of the ALPR will support virtual permitting, time limit monitoring, and data collection. Stakeholder Engagement: Staff have been in regular communication with both permit customers and neighborhood parking leaders about these proposed changes. The proposed phasing will allow staff to continue to conduct business, community, and stakeholder engagement throughout the implementation of improvements to the parking permit programs. Environmental Impact: 2 Packet Pg. 15 The proposed amendments are categorically exempt from CEQA per Section 15301 in that the proposed changes will have a minor impact on existing facilities. Planning & Transportation Commission Staff Report (ID # 13512) Report Type: Action Items Meeting Date: 9/8/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: 985 Channing Avenue: Preliminary Parcel Map to Remove Height Restriction Title: PUBLIC HEARING / QUASI-JUDICIAL. 985 Channing Avenue [21PLN-00167]: Request for Public Hearing of a Preliminary Parcel Map to remove a recorded height restriction on the underlying Parcel Map. Environmental Assessment: Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Guideline Section 15315 (Minor Land Divisions). Zoning District: R-1 (Single Family Residential). From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Recommend approval of the proposed project to the City Council based on findings and subject to conditions of approval. Report Summary On June 6, 2021, the applicant submitted a Preliminary Parcel Map application to remove several height restrictions placed on the property associated with the underlying Parcel Map. The existing property was established by approval of a subdivision application in 1980 (under file # 80-PM-4) from 991 Channing Avenue. The subdivision application approval included approval of lot size exceptions. The property that was created – 985 Channing Avenue – had dimensions that were less than the standard lot size dimensions of 60 feet wide x 100 feet long. At the time, the property owner at 991 Channing Avenue accepted a condition that was recorded on the new property’s Parcel Map based on neighborhood concerns for impacts from two-story development. The condition limited the height of any structure to 13 feet or less, prohibited construction of a two-story home, and prohibited the property owners from requesting a Variance or other exception to these limitations. This restriction was intended to 3 Packet Pg. 16 City of Palo Alto Planning & Development Services Department Page 2 alleviate the neighbors’ concerns about privacy and massing impacts from a two-story home on this property. Since the 1980’s, Palo Alto improved its regulations for two-story homes to ensure massing is minimized and resident’s privacy impacts are considered. Since 2001, all new two-story homes and second floor additions to homes located in the R-1 zone must adhere to the City’s Single- Family Individual Review Guidelines. The Planning entitlement for two-story homes through the Individual Review process is a discretionary decision made at the Director’s level, unless appealed to Council. Background Project Information Owner: Frank M. & Peimin Lin Dunlap Architect: Shelley Farrell Representative: N/A Legal Counsel: N/A Property Information Address: 985 Channing Avenue Neighborhood: Crescent Park Lot Dimensions & Area: 52.5 feet wide x 100 feet deep Housing Inventory Site: N/A Located w/in a Plume: N/A Protected/Heritage Trees: N/A Historic Resource(s): N/A Existing Improvement(s): One-story single-family residence; Built in 1980; approximately 2,300 square feet Existing Land Use(s): Single-Family Residential Adjacent Land Uses & Zoning: Single-Family Residential Uses surround the site on all sides (R-1) Special Setbacks: N/A Aerial View of Property: 3 Packet Pg. 17 City of Palo Alto Planning & Development Services Department Page 3 Source: Google Images Land Use Designation & Applicable Plans/Guidelines Zoning Designation: R-1 Comp. Plan Designation: Single-Family Residential Context-Based Design: N/A Downtown Urban Design: N/A SOFA II CAP: N/A Baylands Master Plan: N/A ECR Guidelines ('76 / '02): N/A Proximity to Residential Uses or Districts (150'): Yes Located w/in AIA (Airport Influence Area): N/A Prior City Reviews & Action 3 Packet Pg. 18 City of Palo Alto Planning & Development Services Department Page 4 City Council: Preliminary Parcel Map with Exceptions [1980]; 80-PM-4 – 991 Channing Avenue PTC: Preliminary Parcel Map with Exceptions [1980]; 80-PM-4 – 991 Channing Avenue HRB: None ARB: None Project Description While the application is identified as a Preliminary Parcel Map, the applicant does not seek to subdivide or modify the property’s existing dimensions from existing conditions. Instead, the owner would seek to record a Parcel Map that does not include the height restrictions currently in place on the subject property. The applicant intends to develop 985 Channing Avenue with a new two-story home. The applicant was notified of the height limitation during the Individual Review (IR) application review process (File 20PLN-00192). The IR application review is on hold until a decision is rendered on the Preliminary Parcel Map application and any subsequent Parcel Map application. When the property was originally subdivided in 1980, adjacent residents raised concerns that a potential two-story home may impact their property. The neighbors sought to limit development of the newly created 985 Channing Avenue. At the time, the property owner indicated agreement so that the subdivision application could proceed. The PTC and City Council approved the application with the following restrictions: 1. All structures on-site could not exceed 13 feet tall; 2. No Two-Story home could be developed on the site; 3. No Variances, including, but not limited to, fence exceptions shall be allowed. While Preliminary Parcel Maps are generally handled through a Director’s Hearing process, the City’s Surveyor determined that it is necessary for the decision-making bodies that imposed these restrictions to be the body to rescind them, by approving and thus recording a new Parcel Map that does not include these restrictions. Requested Entitlements, Findings and Purview: The following filed discretionary applications are subject to PTC purview: • Preliminary Parcel Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code and Government Code Section 66474. Palo Alto Municipal Code Section 21.12.090 requires the Director of Planning to review whether the proposed subdivision complies and is consistent with the Subdivision Map Act (in particular Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. If, in the opinion of the Director of Planning, there are issues of major significance associated with the proposed parcel map, such map may be referred by the Director of Planning to the Planning Commission and the City Council for 3 Packet Pg. 19 City of Palo Alto Planning & Development Services Department Page 5 processing in accordance with the procedures set forth in subsections (c) and (d) of Section 21.12.090. The findings to approve a Subdivision are provided in Attachment C. Analysis1 Neighborhood Setting and Character All R-1 lots have a standard height limit of 30 feet per Palo Alto Municipal Code section 18.12.040. In some instances, R-1 lots may have a 17-foot height limitation under the following conditions: 1) that the property is considered to be a substandard lot; or 2) that the property is part of a collection of homes in a single-story overlay district (represented as R-1(S) on the City’s zoning map). Substandard lots are defined in Palo Alto Municipal Code Section 18.12.040(c) as having either a lot width less than 50 feet or depth less than 83 feet and a total lot area that is less than 83% of the minimum lot size required by the underlying zone district’s standards. Single-story overlay districts limit all properties within the district to only one-story homes and generally do not allow homes to be taller than 17 feet, unless located in a flood zone. 985 Channing Avenue does not fit into either of the above two categories. The lot width is 52.5 feet and the lot depth is 100 feet and the lot is located outside an R-1(S) district. The closest properties that are in an R-1(S) district are adjacent to Duveneck Elementary School, more than a half mile away. The project webpage, linked in Attachment D, has an archived document of the City’s Municipal Code from 1978 which would have been in effect at the time that this application was decided. The screenshot below captures the height limitation and development standards applicable at the time: 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an alternative action from the recommended action. 3 Packet Pg. 20 City of Palo Alto Planning & Development Services Department Page 6 At that time, the City allowed for homes to be developed up to 35 feet in height and did not include a provision which restricted height for sub-standard lots. The City did not include provisions for substandard lots in its Municipal Code until 1998. The City’s current zoning code imposes a height limit less than 17 feet on certain structures such as accessory buildings or Accessory Dwelling Units. A height of 17 feet is the lowest height the City may restrict development of single-family homes. There were no other prevailing development standards in existence when the map was approved, nor are they in the current code, restricting the height of a single-family home to anything less than 17 feet in height. Privacy Concerns Attachment D includes emails from residents that do not support removing the height limit imposed on the site in 1980. The correspondence includes a copy of the Parcel Map that the City recorded in 1980. The residents raising concerns have reiterated issues brought up in 1980 regarding privacy impacts from the potential development of a two-story home on the lot. In 1980, residents raised concerns that the proposed project would not fit into the neighborhood character. The Planning Commission expressed concerns that the code did not have adequate privacy measures in place to limit impacts to neighbors. Looking at the surrounding properties today, staff notes the predominant pattern on the block appears to be two-story homes. This block has several flags lots developed with single-story homes, as is the requirement per Code Section 18.12.040(c)(2). 3 Packet Pg. 21 City of Palo Alto Planning & Development Services Department Page 7 Until the early 2000’s the City did not have a process in place that served to mitigate impacts of second story home construction. Due to concerns raised by a significant number of residents in the community, the City established the Individual Review Guidelines (bit.ly/paloaltoIRguidelines). The IR program was established to curtail massing, height, and privacy impacts of new two-story homes on adjacent residences. Most designs submitted into the City’s IR process are significantly modified to conform with the five IR Guidelines. Rarely has a two-story home been approved as submitted; generally, modifications to massing and improvements intended to enhance privacy are required. Given that the City has sought to directly address the residents’ concerns regarding a two-story home at this property, through the IR Guidelines and program, staff believes it is reasonable to now reconsider the map conditions. Zoning Compliance2 Staff performed a detailed review of the proposed project’s consistency with applicable zoning standards. A summary table is provided below. The applicant does not propose to modify the existing lot layout approved in 1980. Table 1: COMPARISON WITH CHAPTER 18.12 (R-1 DISTRICT) Regulation Required Existing Proposed Minimum/Maximum Site Area (1) 6,000 sf 5,250 sf 5,250 sf Minimum/Maximum Site Width (1) (2n 60 ft 52.50 ft 52.50 ft Minimum/Maximum Site Depth 100 ft 100 ft 100 ft Consistency with the Comprehensive Plan, Area Plans and Guidelines3 The site has a Comprehensive Plan land use designation of Single-Family Residential. However, the proposed map does not include any proposed improvements to the site. The Single-Family Residential designation is intended to allow for detached single family homes on lots. The proposed map would not change this classification. Consistency with Application Findings The necessary findings for approval of the Preliminary Parcel Map are contained in State law and incorporated into Title 21 of the Municipal Code. Under the Subdivision Map Act, the Director of Planning must make a series of “reverse” findings to justify approval. If the findings cannot be made, the subdivision must be approved. In particular, under government code Section 66474, the Director shall deny a Preliminary Parcel Map if any of the findings are made. Otherwise, the Director must approve the subdivision. The findings for the proposed map are 2 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca 3 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 3 Packet Pg. 22 City of Palo Alto Planning & Development Services Department Page 8 included in Attachment B and the draft conditions of approval of the proposed map are included in Attachment C. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA in accordance with categorical exemption 15315, Minor Land Divisions. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on August 27, which is 12 days in advance of the meeting. Postcard mailing occurred on August 27, which is 12 in advance of the meeting. Public Comments As of the writing of this report, four individuals provided public comments. The comments can be found in Attachment D. The neighboring residents’ main concern appears to be the possibility of privacy impacts from a future two-story home. Alternative Actions In addition to the recommended action, the Architectural Review Board may: 1. Approve the project with modified findings or conditions; 2. Continue the project to a date (un)certain; or 3. Recommend project denial based on revised findings. Report Author & Contact Information PTC4 Liaison & Contact Information Garrett Sauls, Associate Planner Rachael Tanner, Assistant Director (650) 329-2471 (650) 329-2441 Garrett.Sauls@CityofPaloAlto.org Rachael.tanner@cityofpaloalto.org Attachments: • Attachment A: Location Map (PDF) • Attachment B: Findings for Approval (DOCX) • Attachment C: Draft Conditions of Approval (DOCX) • Attachment D: Project Plans, Supporting Documents, and Public Comments (DOCX) 4 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 3 Packet Pg. 23 150.0' 150.0' 150.0' 50.0' 50 150.0' 100.0' 150.0' 100.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 100.0' 50.0' 100.0' 50.0' 53.6' 71.0' 56.0'70.1' 81.6' 5.6' 12.8'19.7' 140.0' 50.0' 150.0' 61.8' 105.0' 97.1' 6.8' 140.0' 19.7' 50.0' 150.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 200.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 150.0' 50.0' 63.8' 161.8' 50.0' 122.2' 50.0' 00' 50.0' 63.8' 143.0' 3.4' 8' 112.5' 56.2' 112.5' 56.2' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 112.5' 50.0' 41.5' 80.0' 41.5' 80.0' 41.5' 80.0' 41.5' 80.0' 45.5' 80.0' 45.5' 80.0' 60.0' 100.0' 60.0' 99.7' 52.5' 99.7' 52.5' 99.5' 34.5' 160.1' 40.0' 111.7' 5.5' 48.5' 72.0' 121.0' 72.0' 70.0' 121.0' 70.0' 121.0' 39.0' 100.0' 39.0' 100.0' 62.5' 159.9' 62.5' 160.1' 40.0' 159.7' 40.0' 159.9' 150.5' 50.0' 32.1' 100.0' 143.0' 63.8' 183.1' 50.0' 143.5' 63.8' 7.0' 50.0' 7.0' 50.0' 83.9' 215.0' 68.5' 105.3' 68.5' 16.0' 137.0' 48.5' 5.5' 111.7' 25.0' 174.9' 167.5' 60.0' 248.2' 120.0' 50.0' 120.0' 50.0' 248.1' 50.0' 248.0' 50.0' 248.0' 50.0' 247.9' 50.0' 247.9' 50.0' 247.8' 49.2' 59.4' 59.4' 128.1' 74.6' 248.0' 248.0' 74.6' 127.8' 59.4' 59.4' 25.0 128.2' 50.0' 276.3' 60.0' 54.0' 105.0' 54.0' 105.0' 54.0' 105.0' 54.0' 105.0' 59.1' 105.0' 44.1' 23.6' 90.0' 17 50.0' 133.5' 173.8' 50.0' 93.1' 64.2' 133.5' 50.0' 102.8' 64.2' 143.1' 50.0' 92.5' 64.1' 132.7' 50.0' 53.5' 132.0' 92.5' 6.0' 71.0' 49.5' 105.0' 42.7' 63.3' 6.8' 41.7' 57.6' 41.7' 6.8' 63.3' 64.4' 105.0' 163.0' 76.1' 163.0' 73.9' 162.9' 5 105.0' 54.0' 105.0' 54.0' 105.0' 73.7' 155.0' 19.7' 31.4' 31.7' 125.0' 155.0' 3 1.1' 3 1 .5'55.5' 45.0' 120.0' 60.0' 105.0' 23.6'60.0' 120.0' 60.0' 120.0' 41.3' 1 19 .3' 85.0' 120.0' 40.9' 1 1 9. 3' 40.9' 60.0' 114.0' 45.0' 23.6' 99.0' 60.0' 114.0' 60.0' 114.0' 85.0' 113.8' 41.2' 114.0' 42.9' 113.8' 3 8 . 9' 40.9' 45.0' 114.0' 60.0' 99.0' 23.6'60.0' 114.0' 60.0' 114.0' 85.0' 1 15 .0' 11 5.0'114.0' 41.3' 40.9' 241.0' 241.0' 50.0 ' 50.0' 254.1' 215.3' 20. 0' 50.0' 39.0' 30.0' 214.5' 214.5' 912 924 937 939939 A 852 839 849 860 863 863A 868 869 880 875 950 840 820 895 876 945 935 931 940 936 10 20 3 0 11 21 3 1 8 10 3 020 922 1000 1057 809 915 930 916 834 926 890 833 827 817 839 849 970 859 867 877 891 896 956 957 959 961 921 915 911 951 919 991985 975955 953 925 900 1011 1021 1031 930 950 MELVILLE AVENU E CHANN LIN C OLN AV E N U E CHANNING AVENUE REGENT PLACE LINCOLN AVENUE This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Curb Edge Sidewalk Tree (TR) Highlighted Features abc Known Structures abc Lot Dimensions 0' 71' 985 Channing Avenue [21PLN-00167] CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto gsauls, 2021-08-26 13:07:31 (\\cc-maps\Encompass\Admin\Personal\gsauls.mdb) 3.a Packet Pg. 24 ATTACHMENT B PRELIMINARY PARCEL MAP FINDINGS 985 Channing Avenue, File No. 21PLN-00167 Preliminary Parcel Map for Single-Family Use A legislative body of a city shall deny approval of a Preliminary Parcel Map, if it makes any of the following findings (CGC Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site does not lie within a specific plan area and is consistent with the provisions of the Comprehensive Plan as further described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: On balance, the map is consistent with the Comprehensive Plan and specifically the following policies: a. Program L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. b. Policy L-1.11: Hold new development to the highest development standards in order to maintain Palo Alto’s livability and achieve the highest quality development with the least impacts. c. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. d. Policy L-6.1: Promote high quality, creative design and site planning that is compatible with surrounding development and public spaces. 3. That the site is not physically suitable for the type of development: The site is well suited for a single-family home as the site is located in an urbanized area of the city and is neighbored by single-family use as well as other two-story homes. 4. That the site is not physically suitable for the proposed density of development: The subdivision does not modify the physical conditions already established by its creation from 1980 and is consistent with all zoning regulations allowed by the City at the time. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: 3.b Packet Pg. 25 The subdivision will not cause environmental damage or injure fish, wildlife, or their habitat. The project site has been fully urbanized and developed and is located within an area of the City where there is no recognized sensitive wildlife or habitat in the project vicinity. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: This application does not seek to further subdivide an existing lot which could have the effect of increasing density and introducing a more compact site for development purposes. The existing parcel will not cause serious public health problems, as it does not substantially affect the existing conditions and overall function of the property as a site for a future single-family, two-story home. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The property does not have any public easements recorded on site and the proposed map does not establish any going forward. As a result, the application does not create any conflicts with any public easements. 3.b Packet Pg. 26 ATTACHMENT C CONDITIONS OF APPROVAL Planning Division 1. PROJECT PLANS. The Preliminary Parcel Map submitted for review and approval by the Director shall be in substantial conformance with the Preliminary Parcel Map titled “Preliminary Parcel Map 1 Lot Subdivision”, consisting of one page, dated July 20, 2021, except as modified to incorporate the conditions of this approval. A copy of this plan is on file in the Department of Planning and Development Services, Current Planning Division. 2. PARCEL MAP COVER PAGE. At such time as the Parcel Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3. PARCEL MAP EXPIRATION. A Parcel Map, in conformance with the approved Preliminary Parcel Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City Engineer, shall be filed with the Planning Division and the Public Works Engineering Division within two (2) years of the Preliminary Parcel Map approval date. The resultant parcel map must be recorded prior to any building permit issuance. 4. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Engineering 5. THIRD PARTY SURVEYOR REVIEW: The map shall undergo the review and approval for it's technical correctness by a third-party surveyor -- hired exclusively by the City -- to function in the capacity of the City Surveyor, per the Subdivision Map Act. 6. PRIOR TO FORMAL MAP SUBMITTAL: The applicant shall provide the parcel map, title report, reference documents, preliminary parcel map, and closure calculations to Public Works Engineering (email electronic files to ahmad.mokhtar@cityofpaloalto.org). 7. PAYMENT FOR THIRD PARTY SURVEYOR: The applicant shall be responsible for covering the cost the City incurs for the (hired) third party surveyor's services. The costs will be described in a Scope and Fee Letter which will be provided to the applicant. The fees in said letter will be based on the scope of work and the documents provided as described in the previous Condition of Approval. 3.c Packet Pg. 27 Attachment D Project Plans, Supporting Documents, and Public Comments Hardcopies of project plans are provided to Board members. These plans are available to the public online, as noted below. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find “985 Channing Avenue” and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/News-Articles/Planning-and-Development-Services/985- Channing 3.d Packet Pg. 28 Planning & Transportation Commission Staff Report (ID # 13463) Report Type: Approval of Minutes Meeting Date: 9/8/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: June 30, 2021 Draft Meeting Minutes Title: June 30, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the June 30, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the September 8, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and- Transportation-Commission-PTC 4 Packet Pg. 29 Planning & Transportation Commission Staff Report (ID # 13464) Report Type: Approval of Minutes Meeting Date: 9/8/2021 City of Palo Alto Planning & Development Services 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: July 14, 2021 Draft Meeting Minutes Title: July 14, 2021 Draft PTC Meeting Minutes From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) adopt the meeting minutes. Background Draft minutes from the July 14, 2021 Planning and Transportation Commission (PTC) meetings were made available to the Commissioners prior to the September 8, 2021 meeting date. The draft PTC minutes can be viewed on line on the City’s website at https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Planning-and- Transportation-Commission-PTC 5 Packet Pg. 30